A MAN cleared of robbery and false imprisonment of an elderly Chester man and his son has been convicted of an alternative charge of burglary at their home.

Alan Fitzsimmons was previously found not guilty of robbery and false imprisonment charges by a jury at Chester Crown Court - but they could not decide on the burglary charge.

At the end of a two day retrial, at Mold Crown Court on Wednesday, he was convicted of the burglary after the jury heard how his DNA was found on a cigarette butt discovered inside the Volvo car owned by the victims and taken by the burglars.

Fitzsimmons claimed that he had seen the car at Saltney on bonfire night last year, its keys were in the ignition, and he decided to steal it - but changed his mind.

Fitzsimmons denied being one of two men who burgled the house in Eaton Road, Chester, on November 3.

He was convicted of the burglary charge and was jailed for three and a half years, consecutive to a prison sentence he is already serving.

Fitzsimmons, 40, of Storrington Avenue in Liverpool, was told by Mr Justice Grey that he was being sentenced on the basis of being the getaway driver.

Prosecuting barrister Karl Scholz told how Thomas Holliday, 86, returned from shopping, and his son Anthony Holliday, 56, returned home at lunch time to check on his father, to be confronted by two men.

A burglary was taking place and property to the value of more than £30,000 including antiques and paintings were stolen.

The keys were taken off Anthony Holliday and the burglars made off in the family's Volvo, which was, some days later, found abandoned.

Defending barrister David Williams told the jury that the fact that his client's cigarette butt was inside the car did not mean that they could be sure that Fitzsimmons was one of the burglars.